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Courts Reform (Scotland) Act 2014

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This is the original version (as it was originally enacted).

97Lay representation in other proceedings

This section has no associated Explanatory Notes

(1)This section applies in civil proceedings (other than a simple procedure case) to which a non-natural person is a party.

(2)A lay representative may, if the court grants permission, conduct the proceedings on behalf of the non-natural person.

(3)The court may grant permission if satisfied that—

(a)the non-natural person is unable to pay for the services of a legal representative to conduct the proceedings,

(b)the lay representative is a suitable person to conduct the proceedings, and

(c)it is in the interests of justice to grant permission.

(4)For the purposes of subsection (3)(b), a lay representative is a suitable person to conduct the proceedings if—

(a)the lay representative holds a relevant position with the non-natural person,

(b)the responsibilities of the lay representative in that position do not consist wholly or mainly of conducting legal proceedings on behalf of the non-natural person or another person,

(c)the lay representative is authorised by the non-natural person to conduct the proceedings,

(d)the lay representative does not have a personal interest in the subject matter of the proceedings, and

(e)the lay representative is not the subject of an order such as is mentioned in section 98(2)(f).

(5)In subsection (4)(d), “personal interest” means an interest other than one that anyone holding the position that the lay representative holds with the non-natural person would have.

(6)For the purposes of subsection (3)(c), in deciding whether it is in the interests of justice to grant permission, the court must have regard, in particular, to—

(a)the non-natural person’s prospects of success in the proceedings, and

(b)the likely complexity of the proceedings.

(7)Subsection (2) is subject to provision made by an act of sederunt under section 98.

(8)In this section—

  • “civil proceedings” means civil proceedings in—

    (a)

    the Court of Session,

    (b)

    the Sheriff Appeal Court, or

    (c)

    the sheriff court,

  • “the court”, in the case of proceedings in the sheriff court, means the sheriff.

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